Chandler HOA Lawyer

HOA Attorney in Chandler, AZ

Your home is your greatest investment in creating a sanctuary away from the rest of the world. Facing problems in your neighborhood can hinder your ability to enjoy your home to its fullest. An overbearing homeowners’ association (HOA) can make your home feel more like a battleground than a refuge. A Chandler HOA lawyer can resolve HOA disputes so you can once again enjoy your home and community.

Hire an HOA Lawyer

As the number of HOAs in Arizona continues to rise, the number of disputes between homeowners and their HOA boards also increases. Facing a dispute alone can feel overwhelming, especially when your HOA board is represented by an attorney. You should also hire an HOA lawyer to represent your interests and make sure your rights are being upheld. At Harper Hall PLC, we focus on helping homeowners achieve a satisfactory resolution.

Chandler HOAs

HOAs are becoming increasingly popular throughout the United States. There are over 370,000 community associations throughout the country. In Arizona, 2.25 million people live in a community association. The Better Business Bureau recognizes 163 HOA communities in Chandler.

Steps for Solving an HOA Dispute

Even with the increased popularity of HOAs, there is always the possibility that you could face a dispute with your neighborhood’s HOA. If that happens, you should check the governing documents for methods of dispute resolution. If no resolution can be reached, an experienced Chandler HOA attorney can offer guidance on how to reach a satisfactory resolution.

Your attorney can send a demand letter outlining the issue and your desired resolution. If your HOA fails to offer a solution to the problem, you can seek third-party mediation with the Arizona Department of Real Estate. Mediation keeps the matter out of the court system, which can save time and resources.

If the matter still cannot be resolved, you can file a civil claim in the Maricopa County Superior Court, located in Phoenix. Litigation should be the last method you use to resolve the issue, as it can be time-consuming and costly.

HOA Laws in Arizona

When preparing to file a complaint with your HOA board in Chandler, you should be familiar with the bylaws of your community, along with the local, state, and federal laws governing the HOA. An experienced HOA attorney can explain which laws are most applicable to your situation. If your HOA is not in compliance with the appropriate laws, it can bolster your case. The most applicable laws include the following:

• The Fair Housing Act prevents discrimination during the buying or renting process. It also offers protections for homeowners or renters who experience discrimination in their community.
• The Arizona Civil Rights Act provides protections to Arizona residents who experience discrimination because of race, ethnicity, nationality, religion, gender, or disability.
• The Arizona Nonprofit Corporation Act sets expectations for nonprofits. A nonprofit is required to file Articles of Incorporation with the Arizona Corporation Commission. Your HOA is also required to appoint an agent, establish a board, hold regular meetings, and enforce bylaws.
• The Arizona Planned Communities Act defines the structure of HOAs and sets limits on the rules HOAs are permitted to create and enforce.
• The Arizona Condominium Act. Similar to the Arizona Planned Communities Act, but applicable to condominium communities.

FAQs

How Common Are Claims Against an HOA?

Claims against an HOA are not publicly tracked but do occur with some frequency. Most disputes are handled through formal procedures outlined in the HOA’s governing documents. Most disputes involve rule enforcement complaints and disagreements over how community funds are spent. Formal complaints or civil claims can also be filed. These are common when residents feel that community areas are being neglected or the board fails to provide transparency.

Where Can I File a Complaint Against My HOA in Arizona?

In Arizona, when you have a complaint against your HOA, you can explore several avenues to seek a resolution. First, you should contact the HOA board, according to the methods outlined in your community’s governing documents. If a resolution is not met, you can file a complaint with the Arizona Department of Real Estate.

What Are the Signs of a Dysfunctional HOA Board?

Signs of a dysfunctional HOA board typically consist of deviations from normal practices or the failure to follow established guidelines or laws. A dysfunctional HOA board is likely to have issues with communication and transparency with community residents.

When rules are being enforced sporadically or only enforced for certain community members, it can be a sign of a poorly run HOA board. Financial mismanagement can also indicate that an HOA board is not performing its intended purpose.

What Is the Most Commonly Complained-About HOA Violation?

The most commonly complained-about HOA violations vary for each neighborhood, but some common complaints are shared by many HOA residents. Parking issues can be a problem when HOA regulations are stricter than local ordinances.

Complaints about the appearance of your property can be an issue when residents feel that rules are arbitrarily enforced or overly restrictive. Placing unreasonable restrictions on trash and recycling bin placements or regulating how quickly they need to be collected can also cause complaints.

Can I Opt Out of My Neighborhood’s HOA in Arizona?

In most cases, no, you legally cannot opt out of your neighborhood’s HOA. When an HOA is established for a community, membership is tied to the deed for the house, which makes membership in the HOA mandatory when buying a house in that neighborhood.

Contact Harper Hall PLC

At Harper Hall PLC, we have represented the rights of homeowners for over 25 years. With our deep experience in these cases, we represent homeowners throughout Arizona in disputes with HOAs. We offer uncomplicated explanations of complex real estate laws so you can make informed decisions. Contact Harper Hall PLC today to schedule your initial consultation.

Chandler, AZ HOA Resources

• Can You Sue An HOA In Arizona?
• What Documents Can I Request From My HOA in Arizona?
• Who Enforces CC&Rs When There Is No HOA In Arizona?
• Who Really Won This HOA Lawsuit?
• Limitations on Arizona HOA’s Ability to Collect Legal Fees
• There Are Limitations On The Fines And Penalties An HOA Can Impose For Violations
• Can An Arizona HOA Prohibit Short-Term Rentals?